Orr v. Park
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia. In the matter of Dunn Brothers, E. J. Dunn and C. M. Dunn, bankrupts. Appeal by Oliver Orr, trustee, from an order of the District Court allowing the claim and sustaining a mortgage in favor of W. C. Park.
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Appeal from the District Court of the United States for the Southern District of Georgia. In the matter of Dunn Brothers, E. J. Dunn and C. M. Dunn, bankrupts. Appeal by Oliver Orr, trustee, from an order of the District Court allowing the claim and sustaining a mortgage in favor of W. C. Park. Upon petition filed January 4, 1909, by certain of their creditors, Dunn Bros., a firm composed of E. J. and O. M. Dunn, engaged then in the business of general merchandise at Moleña, Ga., were adjudicated involuntary bankrupts on January 23, 1909. On March 1, 1909, a petition of intervention was filed…
1Opinion of the CourtToulmin, District Judge
(after stating the facts as above). The petition of intervention, which is the proof of ’claim in this case, does not directly or expressly allege the consideration for the note described in the petition. It alleges that “the only security held by petitioner for the balance due is said note and mortgage, which was given to secure the said loan of $3,825 made by petitioner to said Dunn Bros.” on the date said note and mortgage were executed and delivered. Thus it impliedly alleges that said note was given for money loaned on that day. Petitioner, however, attaches to the petition, as “Exhibit…
2Cases cited10 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Hilliard v. CagleMississippi Supreme Court · 1872
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
- In re Castle Braid Co.District Court, S.D. New York · 1906
- In re WootenDistrict Court, E.D. North Carolina · 1902
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3Cited by8 opinions
- Spencer v. LoweCourt of Appeals for the Eighth Circuit · 1912
- In Re Grocerland Cooperative, Inc.United States Bankruptcy Court, N.D. Illinois · 1983
- Stair v. Shumate (In Re Shumate)United States Bankruptcy Court, E.D. Tennessee · 1984
- Twentieth St. Bank v. SharitzCourt of Appeals for the Fourth Circuit · 1924
- In re FalkDistrict Court, S.D. New York · 1949
3 more not listed; retrieve them via the Exa API.